Legal Question in Business Law in California

suit by corp. officer

A very small construction company in Calif. is Incorporated, dba ABC Construction. The President enters into a home-improvement contract. The contract takes over a year and ends in a dispute over final payment with the homeowner after the contractor neglects to cleanup spilled concrete left all over. The President of the ABC Construction, who supervised the job, files a Fictitious Business Name �ABC Construction� two days before filing a complaint in Municipal Court. On the Fictitious Business Name Statement he marks �individually owned� and writes the Corporation�s State Contractors License number on the statement. He uses this document in court to prove �he� is a licensed contractor. He wins a partial award and the homeowner looses on his cross complaint. Research shows that the Corporation was suspended (never revised) halfway through the one-year project. Is the �individual� guilty of creating or providing false evidence to the court? If so, how long is the statue of limitations? Can the homeowner have the judgment against him over turned? Thank you.


Asked on 9/19/99, 12:47 pm

2 Answers from Attorneys
John Hayes The John Hayes Law Offices

Re: suit by corp. officer

This may be enough evidence to file for an appeal. However, that would only get you a re-trial where you could show the new evidence to the judge. Did you handle this case in pro per? If so there may be different causes of action against the contractor that you did not know that could help in the new trial. If you are interested in talking to a lawyer please feel free to contact my office for a complimentary consulation. My toll free number is 888-563-8529. I look forward to speaking with you.

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Answered on 9/21/99, 7:39 pm
Joshua Genser Joshua G. Genser, Attorney at Law

Re: suit by corp. officer

Since you have already lost at trial, there are only

two ways to ask a court to permit you to present this

new evidence. One way is to appeal the judgment

against you. The other way is to ask the trial court

judge to give you a new trial. There are tight time limitations

for both procedures. You might already be too late.

Even if you aren't too late, the procedures

to follow are not easy for lay persons. You should consult with an

attorney.

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Answered on 9/21/99, 7:53 pm


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